Wayne R. Gross

Wayne Gross has been selected to serve as lead trial counsel by companies and executives in their most important business litigation matters, including cases involving the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Federal Trade Commission, the Federal Deposit Insurance Corporation, and the Food and Drug Administration, as well as class actions, cases alleging unfair business practices, and health care litigation. He has been repeatedly recognized for his outstanding trial work, including recently being selected by his peers for inclusion in The Best Lawyers in America 2016. His many trial victories include obtaining, along with his partner Alan Greenberg, a $50 million jury verdict in a partnership dispute regarding the world-famous Hollywood Palladium [Law360 – How They Won It].

Mr. Gross also devotes a part of his practice to internal investigations, corporate crisis management, and white-collar defense. As a federal prosecutor, Mr. Gross served in various supervisory positions, including chief of the Orange County Division of the Office of the United States Attorney, Central District of California. During his tenure as a prosecutor, he prosecuted cases of national and international significance, including the UCI Fertility case, the Katarina Witt stalker case, and one of the first criminal trademark infringement cases brought to trial in Southern California. His primary area of emphasis was financial fraud and health care fraud, for which he was presented with awards by two U.S. Attorneys General and the Director of the FBI.

Mr. Gross has served as a law school adjunct professor on the topics of trial advocacy, constitutional law, criminal procedure, and evidence. He served as a law clerk to the Honorable Laughlin E. Waters of the United States District Court, Central District of California.

Mr. Gross served in 2013 as president of the Orange County Bar Association, the second largest bar association in the State of California.

Representative Matters

Business Litigation

$50 million jury verdict for Newport Capital Advisors on counterclaim arising from repudiation of joint venture to redevelop prominent commercial properties in Hollywood, California, including the Palladium.

Defense verdict for television station and CEO against a former CEO alleging fraud and breach of contract.

Defense jury verdict in state court for principals of a company against former partner alleging fraud and breach of contract.

Dismissal of wage and hour class action in preliminary phase of litigation.

Defense of manufacturer in a consumer class action alleging unfair business practices and false advertising.

Corporate Crisis and White Collar Defense

Defense of former president of public company charged by the Federal Trade Commission with violating the FTC Act.

Defense of principal of debt-settlement advertising company in investigation by the Federal Trade Commission.

Defense of former CEO of failed bank in a lawsuit alleging gross negligence, filed by the Federal Deposit Insurance Corporation.

Defense of former CFO of a public company in a lawsuit alleging securities fraud filed by the Securities and Exchange Commission.

Defense of Fortune 500 company in unfair business practices and false advertising matter.

Defense of former CEO of medical receivables financing company in parallel investigation by the U.S. Attorney’s Office and the Securities and Exchange Commission.

Criminal Prosecution at U.S. Attorney’s Office

Criminal trademark infringement trial against a defendant who manufactured and sold thousands of cans of counterfeit Similac infant formula to consumers throughout California.

Criminal fraud trial against a defendant doctor who, along with his partners, practiced medicine at UCI and engaged in various schemes, including billing fraud, tax evasion, and misappropriation of human eggs and embryos.

Criminal obscenity trial against a defendant who stalked an international figure skating star.

Criminal fraud trial against two defendants who operated an insurance brokerage firm that fraudulently created and sold more than $15 million in counterfeit construction surety bonds.

Criminal fraud trial against a defendant who engaged in a multimillion-dollar bank fraud scheme.

Criminal murder-for-hire trial against a CEO who was alleged to have plotted to murder his secretary’s fiancée to further his romantic interest in the secretary.